the court said miss rawlinson was discriminated against because of sex, but there was a bfoq, so if congress writes an exemption into the statute, but this court shouldn't write in a exemption for those purposes. >> do you think we need exemptions for those bfoq's? it is not physical fitness standards for different sports, but a big issue in the country is bathroom usage, same-sex bathroom usage. how are those cases going to be dealt with absent they -- the congressional exemption other than bfoq? >> >> everyone agrees you have men's bathrooms and women's bathrooms because of sex. this bathroom treats men one way, this bathroom treats women another way. the question becomes, is that permissible to do? if i could again with an example, i will show why. when i got up, the chief justice says to me, miss karlan. and i would bet any amount of money that when mr. harris gets up, he will say, mr. harris. he has treated us differently because of sex, but that is not discriminatory because neither of us has been subjected to a disadvantage. said, what the statute means when it says discriminated agai